Discretion and Domestic Violence

[Irene Levy]

Hello!

I would like to gather a variety of basic information and opinions concerning this topic. I am currently working on a Power Point Presentaion for my Criminal Law class. It would be a pleasure to know the different views a LEO has on Discretion and Domestic Violence. Thank you
Irene

[Centurion44]

Hell, I didn't know we could use "discretion" and "domestic violence" in the same sentence...

[Caspertoo]

Yup, here if there is evidence of physical abuse on either party an arrest must be made, one of the few instances where we have no discretion.

[zap]

As someone who has completed the police academy...and was falsely charged with domestic violence DURING that same academy....let me give you an insight you might not find elsewhere.

Centurion44 is absolutely correct...there is no such thing as discretion when it comes to a domestic in this state.

What most people think when they hear domestic violence is the black eye, bloody nose and split lip. However, our statute specifies "physical harm regardless of severity or duration" and "threat of serious physical harm"

...what that means is if your significant other reaches to take food off your plate...and you slap their hand...that IS DOMESTIC VIOLENCE by STATUTE. If your partner calls....says you slapped them...and you said yes..but was not trying to harm them... the officer has NO DISCRETION...you go to jail.

....as for the threat...find yourself in the middle of a divorce and have your soon to be ex call the POlice and say you threatened to kill her.....NO DISCRETION..you go to jail.

Additionally, if you are found guilty of either, you are prohibited from posessing (not just owning or buying but putting in your hands) a firearm for life.

In my case, it was a means to an end to get me out of my home at the beginning of a divorce I was trying to avoid...and used to keep ALL of my property...business, personal, everything. I was not allowed back to get it.

It was not the officers' fault. She lied...they had no choice or discretion. Sure, the charges were eventually dismissed...but the damage was done.

[Irene Levy]

Discretion and Domestic Violence

Thank you! This is all useful information.

[Centurion44]

I'm feeling particularly benevolent today. Since I found my little DV handibook while on the crapper the other day, I'd figure I share some scripture from OCGA (Official Code of Georgia Annotated):

17-4-20.1(a): ...the officer shall not base the decision if whether to arrest... on the specific consent of the victim or on a request by the victim... No officer ... shall threaten ... the arrest of all parties for the purpose of discouraging requests for law enforcement intervention.

17-4-20.1(b): Where complaints of family violence are recieved from two or more opposing parties (i.e. would be cross warrants/arrests), the officer shall evaluate each complaint seperately to attempt to determine who was the primary aggressor... an officer shall consider: prior family violence involving either party, the realtive severity of the injuries inflicted on each person, the potential for future injury, and whether one of theparties acted in self-defense.

The entire code can be read here